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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3

GST UPDATE No 289 ON PRACTICAL DIFFICULTIES IN AMENDED GSTR-3B PART-3
We have extensively covered various presentational issues faced by the assessees in the new format of GSTR-3B which has been made applicable for the return filed for the month of August, 2022. In the present update, we seek to point out some more practical difficulties being faced by the assessees while filing their GSTR-3B in the new format.
We hereby discuss the various practical issues of presentation being faced by the assessees as follows:-
1. Adjustment of ITC pertaining to bill of entry not reflected in serial no. 4A(1) of GSTR-3B:- It is observed that at times, input tax credit of certain bill of entries are not reflected in the serial no. 4A(1) of the GSTR-3B due to technical glitches on the portal. However, the original copy of bill of entry and the imported goods have been received in the premises of the assessee. In such a scenario, the assessee will edit the amount mentioned in serial no. 4A (1) of the GSTR-3B itself.
Now, the question arises is in case where the imported goods are not received in the factory premises or the bill of entry is not received but the amount of input tax credit (say Rs. 11,000/-) is being reflected in GSTR-2B and the auto-populated figure of serial no. 4A(1), whether the said amount of Rs. 11,000/- is to be reduced from serial no. 4A(1) of GSTR-3B or the said amount of Rs. 11,000/- will need to be reflected as reversal under serial no. 4B(2) of GSTR-3B. Thereafter, if the amount is reflected as reversal, in such case, when the imported goods and bill of entry are received, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A(1) and also reflected in serial no. 4D(1). In nutshell, whether assessee needs to follow the practise of reflection of discrepancy in the auto-populated figure with respect to import of goods in the same manner as is done for “all other ITC”? If the clarification issued vide Circular no. 170/02/2022-GST dated 06.07.2022 is pursued, it is found that reference is made to auto-population of table 4A of GSTR-3B from various tables of FORM GSTR-2B. Consequently, as the
circular does not specifically refer to table 4A(5), it appears that the mechanism as suggested needs to be followed for ITC pertaining to different clauses of table 4A. Hence, the practise of reflecting Rs. 11,000/- as reversal under serial no. 4B(2) of GSTR-3B needs to be followed. It is pertinent to mention here that as per provision contained in section 16(2)(aa) of the CGST Act, 2017 requires that in order to claim ITC, the details of invoice or debit note has been furnished by the supplier in GSTR-1 and such details have been communicated to the recipient in GSTR-2B. The provision does not mentions bill of entry so the input tax credit of bill of entry can be claimed irrespective of the fact that the said ITC is appearing in GSTR-2B or not. Consequently, there should not be any requirement to follow the mechanism of presentation as stated in the circular with respect to import of goods. Furthermore, following the practise as mentioned in the circular will increase complexities as it will lead to double reporting of figures thereby requiring in-depth analysis while filing annual return. However, in order to maintain consistency, the assessees may follow the mechanism of presentation as stated in the circular for ITC pertaining to import of goods also.
2. Treatment regarding discrepancy in auto-populated figure of ITC of ISD:- At times, it is possible that there is discrepancy in the auto-populated figure of ITC in serial no. 4A(4) of the GSTR-3B. For example- out of 5 invoices, ITC pertaining to 3 invoices are only being reflected in the auto-populated figure. In such a case, the assessee will again need to amend the figure reported in table 4A (4) by adding the amount of ITC pertaining to 2 invoices not considered in the auto-populated figure. Likewise, if in the above example, the assessee had not received 2 invoices, but ITC pertaining to the said 2 invoices (say Rs. 11,000/-) was reflected in the auto-populated figure, then the assessee needs to reflect the said amount of Rs. 11,000/- as reversal under serial no. 4B (2) of GSTR-3B. Thereafter, when the invoices are received by the assessee from ISD, the ITC of Rs. 11,000/- is to be claimed in serial no. 4A (4) and also reflected in serial no. 4D (1). The discussion as regards following the procedure as prescribed in the Circular no. 170/02/2022-GST dated 06.07.2022 is not repeated for the sake of brevity.
3. Treatment of auto-populated figure of RCM credit in serial no. 4A(3) of GSTR-3B:- The figure auto-populated in serial no. 4A(3) of theGSTR-3B is always amended as most of the time, the amount of tax paid under RCM is different from the RCM entries reflected in GSTR-2B. Moreover, the auto-populated figure may also consist of RCM entries, the ITC of which is blocked such as rent-a-cab services. Consequently, the assessee will have to reflect the ineligible portion of ITC pertaining to RCM as reversal under serial no. 4B(1) of the GSTR-3B. Needless to repeat that since the clarification refers to table 4A without specific clauses, it is not advisable to reduce the said ineligible input tax credit from table 4A(3) of GSTR-3B.
4. Complications due to amendment in invoices by suppliers:- Practically, invoices are amended by the suppliers due to which assessees are in dilemma to report the transaction in the new format of GSTR-3B. To illustrate- One invoice issued in the month of June, 2022 involving ITC of Rs. 4500/- was wrongly uploaded by the supplier in GSTR-1 as Rs. 4300/-. As the ITC was wrongly reflected in GSTR-2B as Rs. 4300/-, the recipient assessee did not claim the ITC in the month of June, 2022. Thereafter, supplier amended the invoice in the month of August, 2022, due to which the net effect of Rs. 200/- was being reported in the auto-populated ITC under table 4A(5) of
the GSTR-3B. The assessee is unclear as to how to report this transaction in the new GSTR-3B. In our opinion, the assessee is required to add Rs. 4300/- in serial no. 4A(5) in the month of August, 2022 and also report Rs. 4300/- in 4D(1) of GSTR-3B.
5. Credit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues credit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of table 4B(2) for the month of August, 2022. However, the recipient assessee has not reversed the said ITC as the credit note is pending to be received by them. In such a case, the assessee will have to reduce the amount of table 4B(2) by the said credit. Thereafter, the assessee will report the said credit in table 4B(2) on actual receipt of the credit note in the subsequent month.
6. Debit note reflected in GSTR-2B but not received by the recipient assessee in August, 2022:- There may be situation that the supplier issues debit note for an earlier invoice, in the month of August, 2022 which is reflected in GSTR-2B and the auto populated figure of
table 4A(5) in the month of August, 2022. However, the recipient assessee has not availed input tax credit as the debit note is pending to be received by them. In such a case, the assessee will have to reverse the said ITC in table 4B(2) and also reflect the said ITC in table 4D(1). Thereafter, the assessee will report the said ITC in table 4A(5) on actual receipt of the debit note in the subsequent month.
The list of problems faced by the assessees while filing GSTR-3B in new format is increasing day by day. It is hoped that the government issues suitable clarification to resolve various presentational disputes at the earliest possible so that proper compliance of filing GSTR-3B in the new format is being done by the assessee.
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